UNION OF INDIA Vs. KANTILAL RATILAL DHAKAN

JUDGEMENT

(1.) A short, but pertinent, issue is involved for determination in the present writ petition, filed by the Union of India (petitioner). The petitioner has challenged the order passed by the Labour Court at Junagadh in Industrial Employment (Standing Orders) Application No.73 of 1998 dated 13.4.1998, whereby, the Labour Court has stayed the proposed order of transfer of the respondent from Visavadar to any other Post Office.

(2.) The impugned order dated 13.4.1998 passed by the Labour Court is an ad interim order, the operation of which has already been stayed by this court on 2.11.1998.

(3.) Shri Y.N.Ravani, learned Addl.Central Government Standing Counsel appearing for the petitioner has contended that earlier vide order dated 14.5.1997 the respondent, who was working as Sub Post Master (UNA) was transferred from Visavadar. The respondent approached the Central Administrative Tribunal (hereinafter referred to as "CAT") vide O.A.Nos.305 of 1997 and 490 of 1997, which granted the interim relief by directing that status quo be maintained. Ultimately, the CAT directed that the matter be referred to the Post Master General, by making a representation. The Post Master General allowed the respondent to continue for one more rotational year i.e. 1997-98, vide his order dated 18.9.1997. Subsequently, the respondent preferred an application before the Labour Court at Junagadh, being I.E.S.O.No.14/97. The Labour Court directed to maintain the status quo in the matter. This order of status quo was extended from time to time. The petitioner filed the reply before the Labour Court, taking the preliminary objection that the Labour Court did not have the jurisdiction to entertain the matter or pass orders. The respondent subsequently withdrew the Case No.IESO No.14/97 on 13.4.1998. On the very same day i.e. 13.4.1998, the respondent filed a fresh case being IESO No.73/98, whereupon the Labour Court passed the impugned order dated 13.4.1998, which has been challenged in the present petition.